Idea/expression Dichotomy in Computer Programme- Judicial View in India and Us

PRIYANKA GEHLOT; ANJU GAHLOT

doi:10.36948/ijfmr.2025.v07i06.65186

Idea/expression Dichotomy in Computer Programme- Judicial View in India and Us

Author(s)	Ms. PRIYANKA GEHLOT, Dr. ANJU GAHLOT
Country	India
Abstract	The idea-expression dichotomy is a cornerstone of copyright law that draws a clear boundary between an abstract idea and its concrete expression. Under this doctrine, an idea by itself cannot be monopolised; only the particular way it is expressed can attract copyright protection. This distinction is especially significant in the realm of computer programmes, where the line between underlying concepts and written code often blurs. In the United States, the doctrine has deep roots in seminal cases such as Baker v. Selden , where the Supreme Court held that methods or systems described in a book are not protectable, only the author’s specific expression of them is. Over time, U.S. courts developed specialised tests to apply this dichotomy to software. For example, early software cases like Whelan v. Jaslow extended protection beyond literal code to structural elements, prompting debate over how much non-literal expression should be protected and giving rise to analytical tools like the Altai three-step test. More recently, high-profile disputes over application programming interfaces (APIs) have forced courts to revisit how far the idea-expression divide should stretch in computer-centric works. In India, although the Copyright Act of 1957 does not explicitly mention the dichotomy, courts have consistently embraced it in principle. The Supreme Court’s decision in R.G. Anand v. Deluxe Films reaffirmed that copyright cannot subsist in an idea, theme, or concept - only in its expression. Indian judges have repeatedly clarified that similarity in ideas alone does not constitute infringement; it is the manner and detail of expression that matters. Thus, while the U.S. jurisprudence on software shows nuanced and technical evolution of the idea-expression dichotomy, Indian courts rely heavily on traditional copyright principles, applying the core doctrine with less specialised machinery but with equivalent respect for creative freedom and competition.
Keywords	Idea-Expression, software Piracy, non-literal, computer programs.
Published In	Volume 7, Issue 6, November-December 2025
Published On	2025-12-31
DOI	https://doi.org/10.36948/ijfmr.2025.v07i06.65186

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Idea/expression Dichotomy in Computer Programme- Judicial View in India and Us

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